The purpose of this chapter is to promote and
protect the public health, welfare and safety by regulating existing
and proposed outdoor advertising, outdoor advertising signs and signs
of all types. It is intended to protect property values, create a
more attractive, economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic and
natural beauty of designated areas and provide a more enjoyable and
pleasing community. It is further intended hereby to reduce sign or
advertising distractions and obstructions that may contribute to traffic
accidents, reduce hazards that may be caused by signs overhanging
or projecting over public rights-of-way, provide more open space and
curb the deterioration of natural beauty and community environment.
This chapter is applicable within the Incorporated
Village of Lynbrook and shall be construed as an exercise of the powers
of such municipality to regulate the use of signs on buildings, structures
and land for outdoor advertising purposes.
[Added 10-21-2013 by L.L. No. 13-2013]
In an individual case involving municipal property brought before
the Board of Trustees, upon a finding by the Board that the good and
welfare of the community would be served thereby, the Board may, by
resolution, declare that any standard or regulation set forth in this
chapter may be waived.
This chapter shall hereinafter be known and
cited as the "Sign Local Law."
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY SIGN
Any sign relating to a business or profession conducted,
or to a commodity or service sold or offered, upon the premises where
such sign is located.
ERECT
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
LIGHTING DEVICE
Any light, string of lights or group of lights, located or
arranged so as to cast illumination on a sign.
NONACCESSORY SIGN
Any sign unrelated to a business or profession conducted,
or to a commodity or service sold or offered, upon the premises where
such sign is located.
PERSON
Any person, corporation, joint-stock association, firm, partnership,
company, institution or organization of any kind.
PORTABLE SIGN
Any sign not affixed to a structure and capable of being
moved, including but not limited to signs not permanently anchored
to the ground or to a building, such as signs mounted on a trailer-type
steel chassis, or otherwise capable of being transported as a unit
over public roads or streets.
[Amended 4-7-1986 by L.L. No. 6-1986]
SIGN
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter upon which lettered or pictorial matter
is placed, when used or located out of doors or outside or on the
exterior of any building or in the interior of a building affixed
to an exterior wall window, for display of an advertisement, announcement,
notice, directional matter or name, and includes sign frames, hanging
signs, illuminated signs, pennants, ground signs, canopies or awnings,
and shall also include any announcement, declaration, demonstration,
display, illustration or insignia, used to advertise or promote the
interest of any person or business when same is placed in view of
the general public.
[Amended 3-2-1998 by L.L. No. 11-1998]
The prohibitions contained in this section shall
apply to all signs and all use districts of the Incorporated Village
of Lynbrook.
A. Banners, posters, etc. No sign or part thereof shall
contain or consist of banners, posters, pennants, ribbons, streamers,
spinners or other similar moving, fluttering or revolving devices.
Said devices, as well as strings of lights, shall not be used for
the purposes of advertising or attracting attention when not part
of a sign.
B. Billboards and fluttering devices. Billboards and
fluttering devices are prohibited.
C. Illumination.
[Amended 1-13-2014 by L.L. No. 6-2014]
(1) Any
illuminated sign or lighting device shall employ only lights emitting
a light of constant intensity.
(2) No
sign shall be illuminated by or contain flashing, intermittent, rotating
or moving light or lights.
(3) No
illuminated sign containing changing or scrolling messages shall be
permitted unless each separate message remains displayed for a period
of at least seven seconds before changing.
(4) No
illuminated sign or lighting device shall be placed or directed so
as to permit the beams or illumination therefrom to be directed upon
a public street, highway, sidewalk or adjacent premises where it creates
a glare or reflection that constitutes a traffic hazard or nuisance.
D. Nonaccessory signs. No nonaccessory signs shall be
placed on any building or structure or on any premises.
E. Painted signs. No sign shall be painted on any exterior
walls of any building or structure, fence or retaining wall or roof
of any building or structure.
F. Projecting signs. No projecting sign shall be erected.
G. Portable signs. No portable sign shall be placed on
any building or on any premises.
H. Signs on roofs or fronts. No signs shall be placed
on the roof of any building, nor shall any sign extend above the front
or face of any building.
I. Temporary signs. No temporary sign shall be placed on the front or face of a building or on any premises, except as provided in §
203-6 of this chapter.
J. Signs on fences. No signs shall be permitted on a
fence.
[Amended 4-7-1986 by L.L. No. 6-1986]
A. Temporary signs. All signs of a temporary nature,
such as commercial posters, banners, promotional devices and other
signs of similar nature, may be granted a temporary permit for a period
not to exceed 60 days, provided that such signs are not attached to
fences, trees, utility poles or the like and further provided that
such signs are not placed in a position that will obstruct or impair
vision or traffic or in any manner create a hazard or disturbance
to the health and welfare of the general public.
B. Temporary election signs. All signs of a temporary
nature, such as posters, banners, promotional devices and other signs
of similar nature which advance or oppose the election of candidates
for public office, may be exhibited for a period not to exceed 60
days, provided as follows:
[Amended 10-23-2006 by L.L. No. 14-2006]
(1) Such signs are posted in accordance with the requirements of Subsection
A of this section.
(2) The exhibition of such temporary signs shall expire
and must be removed seven days after the day of election of candidates
to whom such temporary signs are related.
(3) No such sign shall be erected or maintained in a residential
district, nor upon any property occupied by a residential dwelling,
irrespective of the zoning of the property, except as follows:
(a)
Such sign may not have dimensions that exceed
24 inches vertical and 36 inches horizontal.
(b)
No more than one such sign shall be placed on
any residential property.
(c)
Such sign may not be placed in any location
other than on a lawn no more than 15 feet from the front building
wall line.
(d)
Such sign may not be erected or maintained so
as to have its top border higher than 36 inches above grade.
C. Temporary sign permits issued pursuant to Subsection
A or Subsection
B of this section shall not be renewable, and no additional temporary sign permits shall be issued within 60 days after the expiration date of the last such temporary sign permit.
D. Charges. A fee, as prescribed by appropriate resolution of the Board of Trustees, shall be paid upon the issuance of a sign permit pursuant to Subsection
A or Subsection
B of this section, and a cash deposit of $25 shall be deposited with the Superintendent of Buildings to ensure the removal of such sign upon the expiration of the permit period.
E. Number permitted. One sign may be permitted for each
50 feet of frontage of the subject premises.
F. Removal. The Superintendent of Buildings, after five
days' written notice to the permit holder to remove such sign by reason
of the expiration of the permit therefor or by reason of the permit
holder's failure to comply with the posting or safety requirements
of this section, shall cause said sign to be removed if the permit
holder has not already done so, and the cash deposit shall be forfeited.
The following signs are permitted.
A. Business signs.
[Amended 4-7-1986 by L.L. No. 6-1986; 6-16-1986 by L.L. No.
10-1986]
(1) One sign not exceeding 50 square feet in area and
extending no higher than 15 feet from the ground or the height of
the building with which the sign is to be used as an accessory, whichever
is less, when not attached to a building, and which advertises only
the name of the owner, trade names, trademarks or products sold and
for the business or activity conducted on the premises wherein such
sign is located. The sign may be single-faced with an area of 50 square
feet or double-faced with an area of 50 square feet on each face.
[Amended 5-4-2015 by L.L.
No. 7-2015]
(2) In every gasoline station, a portion of this sign
not to exceed 1/3 of it may be used to advertise gasoline prices in
addition to trade names, trademarks and products or business conducted
on the premises. A separate unattached sign advertising gasoline prices
may be maintained or erected in every gasoline station, provided that
the sign does not exceed 15 square feet in area and provided that
it be maintained or erected on the same stanchion or pole as the sign
which advertises the trade name, trademark, product or business conducted
on the premises. In the event that such a separate sign advertising
gasoline prices is maintained or erected, then the sign advertising
the trademark, trade name, product or business conducted on the premises
shall not exceed 30 square feet in area.
(3) Two or more tenants of the same building may share
a sign; however, each such tenant must make a separate application
therefor. No portion of any sign or its supports shall be set back
less than 18 inches from each property line of the parcel upon where
the sign is located, and, in addition, no such sign or supports shall
in any way protrude over or otherwise obstruct a sidewalk, pedestrianway
or other public thoroughfare.
B. Each store, office or other business occupant contained
within a building not located on a corner may affix one sign to the
front or face of that portion of the building he occupies; provided,
however, that no such sign shall exceed 20% of the outer surface area
of the establishment occupied by such occupant. In no event, however,
shall any sign be erected above the second story of a building which
is occupied by more than one tenant: and for this purpose, a "story"
shall be deemed to be no more than 13 feet high.
[Amended 1-7-1986 by L.L. No. 6-1986]
C. Each occupant of a store, office or other establishment contained within a building located on a corner abutting two streets or contained within a building having three walls facing a corner abutting two intersecting streets may affix one sign to each exposure actually occupied by the occupant's establishment within any such building; provided, however, that no more than three signs shall be maintained on any building. All signs affixed pursuant to this subsection shall comply with and be subject to the requirements contained in §
203-7B.
[Amended 4-7-1986 by L.L. No. 6-1986]
D. All signs shall protrude not more than 12 inches beyond
any building.
E. A sign may be placed on the rear or side wall of any
building which is on a parcel of land adjacent to or abutting a parking
field or other vacant area, provided that such sign shall be located
no less than 50 feet from any adjacent property which is occupied
by a residence or residences. Such sign shall not exceed 24 square
feet in area with the longer dimension horizontal to the ground and
shall not exceed 20% of the total area of the wall upon which it is
located. Not more than one such sign shall be placed on any such building,
and such sign shall show only the name of the establishment in the
building and the products or services furnished therein, and no letter
contained on any such sign shall exceed 18 inches in height.
[Amended 4-7-1986 by L.L. No. 6-1986]
F. Each store, office or other business occupant of a
building may have one sign displaying its trade name, trademark or
other distinguishing characteristic or feature firmly associated with
its business or products, provided that any such sign shall not exceed
12 square feet; and provided, however, that no other sign shall be
maintained on the wall of the building upon which the trademark, trade
name or other distinguishing characteristic is located.
[Added 4-7-1986 by L.L. No. 6-1986]
G. A sign denoting the architect, owner, engineer, contractor,
financier or renting agent of a premises under construction, repair
or renovation, provided that such sign shall not exceed six square
feet in area, and provided further that the permit for such sign shall
expire within a period of time from the date of issue to be fixed
by the Superintendent of Buildings, which period of time shall not
exceed nine months.
[Added 4-7-1986 by L.L. No. 6-1986]
[Added 3-2-1998 by L.L. No. 11-1998]
A. Awnings and canopies; title. Section
203-7.1A through
G, inclusive, may be hereinafter referred to as the "Awning/Canopy Local Law."
B. Legislative intent. The Board of Trustees of the Village
of Lynbrook declares and finds it to be in the public interest and
for the public good to protect property values, create a more attractive
economic and business climate, enhance and protect the physical appearance
of the community and preserve the scenic and natural beauty of the
community and for other aesthetic considerations to provide for the
regulation of awnings and canopies within the Incorporated Village
of Lynbrook. The Board of Trustees further intends to reduce hazards
that may be caused by awnings or canopies overhanging or projecting
over public rights-of-way, to reduce visual clutter, advertising distractions
and obstructions that may contribute to traffic accidents and injuries
and to provide for the health, safety and general welfare of its inhabitants.
C. Definitions. As used in this section, the following
terms shall have the meanings indicated:
AWNING
A retractable roof-like structure with a covered frame supported
entirely by the building to which it is attached.
CANOPY
A non-retractable roof-like structure with a covered frame,
supported entirely by the building to which it is attached.
CURBLINE
The vertical extension of the point at which the curb meets
the roadway or, in the absence of a curb, the point at which the sidewalk
meets the roadway.
D. Awnings.
(1)
All awnings shall be constructed with metal
frames, with a nonflammable or fire-resistant canvas or other fabric
covering without side panels and with a retractable device so that
the awning may be rolled up to a position flat against the building
when not it use. An awning shall be constructed so that it will have
a downward pitch away from the building when let down to its full
extent.
(2)
An awning shall be let down to its full extent
when in use and shall be rolled up to a position flat against the
building when it is not in use.
(3)
No part of an awning, when let down to its full
extent, may be less than seven feet six inches or more than 12 feet
above the sidewalk.
(4)
An awning may extend over the sidewalk, but
no part of an awning may extend more than eight feet from the building
to which it is attached, and no part of an awning may extend over
the sidewalk past a point that is within two feet of the curbline.
(5)
Awnings shall only be permitted over windows
and/or doors. The width of an awning may be no greater than the width
of the window or door over which it is placed, plus not more than
one foot on each side of such window or door.
(6)
No letters, numbers, advertising or identifying
material shall be permitted on any awning, except that, where there
is no other sign at the same business address, the front portion of
the valance of an awning may set forth the name or initials or trade
name of the business occupant and the street number of the building
to which the awning is attached, provided that:
(a)
Letters and/or numbers shall not be permitted
on any other part of the awnings.
(b)
Individual letters and/or numbers shall not
exceed six inches in overall height.
(7)
No awning shall be permitted to have stanchions
or vertical supports. The awning is a fixture.
(8)
Every awning must be constructed so that it
can be detached from the supporting building to which it is attached.
(9)
When an awning is removed from a building, all
damage to the building caused by the awning shall be repaired.
E. Canopies.
(1)
Canopies shall be constructed of a metal framework
with a nonflammable or fire-resistant canvas or fabric covering.
(2)
No part of a canopy may be less than seven feet
six inches or more than 12 feet above the sidewalk.
(3)
A canopy may not exceed 3 1/2 feet in height
when measured from the highest point on the canopy to the lowest point
on the canopy.
(4)
A canopy may extend over the sidewalk, but no
part of a canopy may extend more than 1 1/2 feet from the building
to which it is attached, except that a canopy may extend up to four
feet from the building to which it is attached if the canopy is not
located within 10 feet of another business premises fronting on the
same street, driveway, parking lot or open area. No part of a canopy
may extend over the sidewalk past a point that is within two feet
of the curbline.
(5)
Canopies shall only be permitted over windows
and/or doors, and the width of the canopy may be no greater than the
width of the window or door over which it is placed, plus not more
than one foot on each side of such window or door, subject to the
approval of the Architectural Review Board.
(a)
Where a business establishment is located on
a corner abutting two intersecting public streets, a canopy (or canopies)
may be attached to a side of the building that does not have a window,
provided that:
[1]
Such side of the building that does not have
a window abuts directly on such public street and does not abut a
park or parking lot.
[2]
Such canopy (or canopies) is the same size and
appearance as the canopy (or canopies) on the side of the building
that does have a window and/or door so as to create on the non-windowed
side of the building an exact mirror image of the canopy (or canopies)
on the side of the building that does have a window and/or door.
(6)
No letters, numbers, advertising or identifying
material shall be permitted on any canopy or valance, except that,
where there is no other sign at the same business address, the name
or initials or trade name of the business occupant and the street
number of the building to which the canopy is attached may be set
forth on the front of the canopy, provided that:
(a)
Letters and/or numbers shall not be permitted
on the sides or any other part of the canopy.
(b)
Individual letters and/or numbers shall not
exceed 12 inches in overall height.
(c)
Only one row of letters and/or numbers is permitted,
except that the street number may be set forth separately by itself
in a different row from other letters and/or numbers.
(7)
No canopy shall be permitted to have stanchions
or vertical supports. The canopy is a fixture.
(8)
Every canopy must be constructed so that it
can be detached from the supporting building to which it is attached.
(9)
When a canopy is removed from a building, all
damage to the building caused by the awning shall be repaired.
F. Lighting and attachments. No awning or canopy may
contain, consist of or otherwise use or employ:
(1)
Lighting, lighting devices, animation or posters,
except that a canopy may employ fluorescent backlighting of a constant
intensity, provided that:
(a)
The canopy maintains an enclosed underside and
the lighting equipment is enclosed inside the canopy.
(b)
No such lighting equipment shall emit excessive
light or glare or be of such intensity or direct light in such a way
that would create an unsafe distraction or hazard to traffic or pedestrians,
as determined by the Superintendent of Buildings.
(c)
Such lights shall be subject to the provisions of §
185-5J relating to hours of operation.
(d)
Rotating or moving lights are not permitted.
(e)
Approval of the Architectural Review Board shall
be required, except for canopies approved by the Architectural Review
Board prior to the effective date of this amendment.
(2)
Banners, pennants, ribbons, streamers, spinners
or other moving, fluttering or revolving devices.
G. Maintenance of awnings and canopies in good and safe
condition. All awnings and canopies must be constructed and maintained
in good, clean and safe condition, free from loose fastening, rust,
damage and unsightly deterioration.
After the effective date of this chapter and
except as otherwise herein provided, no person shall erect any sign
as defined herein without first obtaining a permit therefor from the
Superintendent of Buildings.
Generally, any person who erects or causes or
permits to be erected any sign in the village shall pay to the Incorporated
Village of Lynbrook a license fee to be prescribed by appropriate
resolution of the Board of Trustees.
[Amended 12-19-1983 by L.L. No. 4-1983]
A. General requirements. Any sign existing on or after
the effective date of this chapter, which no longer advertises an
existing business conducted or product sold on the premises, shall
be removed by the owner of the premises upon which the sign is located,
after written notice as provided herein. The Superintendent of Buildings
or the Sign Inspector, upon determining that any such sign exists,
shall notify the owner of the premises, in writing, by certified mail,
to remove said sign within 15 days from the date of such notice. Upon
failure to comply with such notice within the prescribed time, the
Superintendent of Buildings or the Sign Inspector is hereby authorized
to remove or cause removal of such sign.
[Amended 3-2-1998 by L.L. No. 11-1998]
B. Unsafe or insecure signs. The Superintendent of Buildings
or the Sign Inspector may cause any sign which is unsafe or insecure
or is a source of immediate peril to persons or property to be removed
summarily and without notice.
C. In the event that costs and expenses are incurred by the village under Subsection
A or
B herein, then the Board of Trustees shall assess and collect as taxes all costs and expenses incurred in said removal against the land or building on which such sign is located.
[Added 3-2-1998 by L.L. No. 11-1998]
Whenever in this chapter references are made
to the area of a sign, such area shall be based on the measurement
of the outside dimensions of the total sign structure, including any
supports, except that for a freestanding sign the support shall be
measured in the horizontal dimension but not in figuring the vertical
dimension and except that in the case of a wall sign the dimensions
shall be the outermost portions of the wall where the surface has
been altered to make it different from the surface of the background
of the wall.
Any person aggrieved by the denial of a permit
by the Superintendent of Buildings relative to the provisions of this
chapter may appeal such decision to the Board of Appeals as provided
in the zoning regulations and shall comply with all procedural requirements prescribed
by such Board of Appeals.
[Amended 4-7-1986 by L.L. No. 6-1986]
Failure to comply with any of the provisions
of this chapter shall be deemed a violation, and the violator shall
be liable for a fine of not more than $250, and each day such violation
continues shall constitute a separate violation.